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HomeMy WebLinkAboutPAYMENT BOND THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 2089258 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Failor Hurley Construction North American Specialty Insurance Company P.O. Box 446 650 Elm Street Hudson, IA 50643 Manchester, NH 03101 OWNER (Name and Address): City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONSTRUCTION CONTRACT Date: August 26, 2008 Amount: ($55,300.00 ) Fifty Five Thousand Three Hundred Dollars and 00/100 Description (Name and Location): 2008 Stone Replacement for the Waterloo Public Library,Waterloo, Iowa BOND Date (Not earlier than Construction Contract Date): August 26, 2008 Amount: ($ 55,300.00 ) Fifty Five Thousand Three Hundred Dollars and 00/100 Modifications to this Bond: ❑ None El See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company. (Corporate Seal) Company: (Corporate Seal) Failor Hurley Con tr cti-- North American Sp cialty Insurance Company s S;grirature: Signature: et Name and Title: 4>(x)L--- Name and Titl : Dianne S. Riley il265/ ys Attorney-in-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Holmes Murphy &Associates, Inc. other party): 3001 Westown Parkway StruXture Architects West Des Moines, IA 50266 314 E. 4th Street 515 223-6800 Waterloo, IA 50703 MA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N.W.,WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING•MARCH 1987 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor 6.1 Send an answer to the Claimant,with a copy to mance of the Construction Contract, which is incorpo- the Owner, within 45 days after receipt of the claim, rated herein by reference. stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- 4 The Surety shall have no obligation to Claimants under this Bond until: ed to the Construction Contract. The Owner shall not be Liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed;and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED.•AIAs THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE..N.W..WASHINGTON,DC.20006 A312-1984 5 THIRD PRINTING• MARCH 1987 Bond shall be construed as a statutory bond and not as a Construction tion Contract, architecturalof the work engineeringf in n common law bond. required q forperformance e Contractor and the Contractor's subcontractors, and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor,materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract:The agreement between 15 DEFINITIONS the Owner and the Contractor identified on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the_Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: It is understood and agreed that this Bond is amended by the following: 1. Amended paragraphs 4.1 and 4.2.3 by adding at the end of each paragraph"and furnished to Surety an explanation of the claim and copies of documents on which the Claimant relies to support the claim." 2. Amend paragraph 5 by changing"or"to"and". 3. Paragraph 6 is deleted and replaced with: 6. When the Claimant has satisfied the conditions of paragraph 4 and has submitted any additional supporting documentation,and any sworn proof of claim,requested by the Surety,the Surety shall within 45 days respond to the Claimant and offer to pay or arrange for payment of any undisputed amount;provided,however,that the failure of the Surety to fully and/or timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or part of a claim shall not be deemed an admission of liability by the Surety or otherwise constitute a waiver of any rights or defenses the Contractor and/or Surety may have or acquire as to such claim. In no event shall the Surety's liability to any Claimant under this Bond exceed the sum properly due such claimant. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON, D.C.20006 A312-1984 6 THIRD PRINTING•MARCH 1987 ,• • NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois,each does hereby make,constitute and appoint: JANET ALESSIO,JAY D.FREIERMUTH,CRAIG E.HANSEN,CLIFFORD W.AUGSPURGER,DIANNE S.RILEY, BRIAN M.DEIMERLY,CINDY BENNETT,ANNE CROWNER,TIMOTHY J.McCULLOH and STEPHANIE R.FINNEY JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY-FIVE MILLION($25,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 246'of March,2000: "RESOLVED,that any two of the President,any Executive Vice President,any Vice President,any Assistant Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." $$g$,,-G R•.•"$. B .. _. `. CORPORATE q' 1":, SEAL i n Steven P.Anderson,President&Chief Executive Officer of Washington International Insurance Company& P.?) �ll�l :^�"' W';2 1973 Qtui `r Vice President of North American Specialty Insurance Company ID° SEAL 1t o� �� o '� ARIZZGNA -oBy -" Aso t David M.Layman,Vice President of Washington International Insurance Company& Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 10th day of June ,2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 10th day of June ,20,before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL,SEALe �% n •NNAD.SKIENS `�Lb// Notary rPublic,State of IllittOiS1 t Donna D.Sklens,Notary Public I, James A.Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 26th day of August 20 08 . L j% 1-4sae.a,. James A.Carpenter,Vice President&Assistant Secretary of Washington International Insurance Company& North American Specialty Insurance Company ACORD a„ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/28/2008 PRODUCER (319) 233-6103 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Sinnott Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 622 West 4th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 1918 Waterloo IA 50704-1918 INSURERS AFFORDING COVERAGE _ NAIC# INSURED INSURER A:AMCO INSURANCE COMPANY FAILOR HURLEY CONSTRUCTION INSURER B:NATIONWIDE MUTUAL INS CO PO BOX 446 INSURER C: INSURER D: HUDSON IA 50643- INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDIYY) DATE(MM/DDIYY) LIMITS A GENERAL LIABILITY ACP MCTO 7112740029 06/04/2008 06/04/2009 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 100,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) 1 CLAIMS MADE X OCCUR / / / / MED EXP(Any one person) $ 5,000 PERSONAL&ADV NJURY $ 1,000,000 / / / / GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY JECOT LOC / / / /B AUTOMOBILE LIABILITY ACP BA 7112740029 06/04/2008 06/04/2009 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS / / / / BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS / / / / BODILY INJURY (Per accident) $ NON-OWNED AUTOS _ / / / / PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO / / / / OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLALIABILITY ACP CAMA 7112740029 06/04/2008 06/04/2009 EACHOCCURRENOE $ 2,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 2,000,000 DEDUCTIBLE / / / / $ RETENTION $ $ B WORKERS COMPENSATION AND ACP WC 7112740029 06/04/2008 06/04/2009 X Took'T ITS] DEIi EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? / / / / E.L.DISEASE-EA EMPLOYEE$ 500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 B OTHER COMMERCIAL INLAND ACP CIM 7112740029 06/04/2008 06/04/2009 EgumpMENT r.FASED OR 50,000 MARINE / / / / RENTED FROM OTHERS / / / / DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS INSURANCE VERIFICATION RE: 2008 STONE REPLACEMENT FOR THE WATERLOO PUBLIC LIBRARY CERTIFICATE HOLDER CANCELLATION ( ) - ( ) - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT CITY OF WATERLOO FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. 715 MULBERRY ST AUTHORIZED REPRESENTATIVE WATERLOO IA 50703- `"'"'L ACORD 25(2001/08) ©ACORD CORPORATION 1988 C-INS025(0108).05 ELECTRONIC LASER FORMS,INC.-(800)327-0545 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies nay require an endorsement. A statement on this certificate does not confer rights to the certificate holder it lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) INS025(olo8).05 Page 2 of 2